United States District Court, D. Minnesota
M. Hollenhorst, Assistant United States Attorney, for the
M. O'Brien, for Defendant.
N. Leung United States Magistrate Judge
matter is before the Court, United States Magistrate Judge
Tony N. Leung, on the following motions:
1. Government's Motion for Discovery (ECF No. 14);
2. Defendant's Motion for Discovery (ECF No. 18);
3. Defendant's Motion for Release of Brady
Materials (ECF No. 19);
4. Defendant's Motion to Retain Rough Notes (ECF No. 20);
5. Defendant's Motion for Disclosure of Rule 404(b)
Evidence (ECF No. 21); and
6. Defendant's Motion for Early Disclosure of Jencks Act
Material (ECF No. 22).
upon the record, memoranda, oral arguments of counsel, and
the agreement of the parties as noted at the hearing and in
their respective briefs, IT IS HEREBY
ORDERED as follows:
Government's Motion for Discovery (ECF No. 14) is
GRANTED. The motion seeks discovery
available under Federal Rules of Criminal Procedure 12.1,
12.2, 12.3, 16(b), and 26.2. At the hearing, Defendant had no
objection to the motion. Therefore, the Government's
motion is granted; Defendant shall comply with his
obligations under the Federal Rules of Criminal Procedure.
Defendant shall make his expert disclosures no later than 30
days prior to trial.
Defendant's Motion for Discovery (ECF No. 18) is
GRANTED as follows: Defendant seeks
discovery materials, including statements, the prior criminal
record of Defendant, items material to the preparation of his
defense, results or reports of physical or mental
examinations. Defendant also seeks disclosure from the
Government of a written summary of any expert testimony the
Government intends to use at trial, including the
witnesses' opinions, the bases and reasons therefor, and
the witnesses' qualifications. At the hearing, the
parties agreed that all expert disclosures would be made no
later than 30 days before trial. The Government also noted
that is has already provided some of these materials to
Defendant and is aware of its ongoing duty to disclose.
Government shall fully comply with its obligations under the
Federal Rules of Criminal Procedure, Federal Rules of
Evidence, and all other relevant authorities concerning
discovery and it shall disclose these materials in a timely
fashion. See Fed. R. Crim. P. 16(a)(1)(G); Fed. R.
Crim. P. 16 advisory committee's notes, 1993 Amendments
(“Although no specific timing requirements are
included, it is expected that the parties will make their
requests and disclosures in a ...